ITAT Chennai Upholds Treatment of Foreign Currency Expenditure for Deductions

The Appellate Tribunal ITAT Chennai dismissed the Revenue's appeals against the Commissioner of Income-tax(Appeals)-IV's order for the assessment years 2005-06 and 2006-07 under section 143(3) of the Income-tax Act, 1961. The issue revolved around the treatment of travelling expenditure in foreign currency for the deduction under section 10A. The Tribunal relied on precedents from various High Courts and a previous ruling by the Special Bench of the Income-tax Appellate Tribunal, Chennai, to support the principle that adjustments in the numerator should be reflected in the denominator for expenses in foreign currency under section 10A.

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Issues involved: Interpretation of deduction under section 10A of the Income-tax Act, 1961 for travelling expenditure incurred in foreign currency.

Summary:
The Appellate Tribunal ITAT Chennai considered two appeals filed by the Revenue against the Commissioner of Income-tax(Appeals)-IV's order for the assessment years 2005-06 and 2006-07 u/s 143(3) of the Income-tax Act, 1961. The main contention raised by the Revenue was the treatment of travelling expenditure in foreign currency for the computation of deduction u/s 10A. The Tribunal referred to judgments by the Karnataka High Court, Bombay High Court, and Delhi High Court, all supporting the principle that adjustments in the numerator should be reflected in the denominator for expenses in foreign currency u/s 10A. Additionally, a previous ruling by the Special Bench of the Income-tax Appellate Tribunal, Chennai, in the case of ITO vs. Sak Soft Ltd., supported this interpretation. Consequently, the appeals were dismissed, affirming the consistent view on this issue by various High Courts and Tribunals.

Order pronounced on 31st July, 2012 at Chennai.

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